Bonum Certa Men Certa

'IP' People Want to Add Software Patents to New Zealand and Europe

New Auckland montage
Picture by Taifarious1, Creative Commons Attribution-ShareAlike 3.0 License.



Summary: Another update from New Zealand and interesting developments from Europe, where Spain stands in Michel Barnier's way

THE patent situation in New Zealand currently resembles the situation in Europe. Multinationals and lawsuits-loving lawyers are trying to use or even abuse the system for their own agenda to be advanced and interests promoted at the expense of citizens' (including developers). We find some of these people in Twitter. "Twitterer suggest general dislike of patents is crypto-luddism," writes Carlo Piana, but "It's the opposite: current system stifles innovation. [Software patents] hundredfold so..."



The legal 'industry' in New Zealand has been promoting software patents in New Zealand not because they would be beneficial to the software industry (which overwhelmingly rejects them, based on numerous new polls). Someone called "IPMentor" (probably from the field of law, as the name may suggest) has just gotten this opinion published in the press. It contains many common fallacies in there (mostly easy to spot). To give one example:

The Uniservices conclusion is just about opposite to the MED policy driver behind the current Bill – patents are to be discouraged because their benefits will flow overseas.

And what of the software ban? Well, the select committee has had a bit of a bob each way. The amended Bill bans patents for “computer programs.” But the explanatory note says their intention is not to ban patents for “embedded software” – and then says trying to define the difference between the two was too hard, so the intellectual property office should be left to draft appropriate guidelines.


No, a bill which permits software patenting would have the completely opposite effect because it would put New Zealand in a position of disadvantage, it gives its developers no safety from outside coercion. Ideally, the Bill should not just ban software patents; there are loopholes which need to be closed too, ones involving phrases or depictions like "on a device".

Over in Europe, a debate takes place regarding software patents as well. It seems like Florian was the first to cover it.

I participated in the KnowRiۤht conference in Vienna, Austria, where I was invited on ultrashort notice to give a speech on "Software Patents, Standards & Competition".

The big controversy at that conference clearly related to the future of the European patent (and patent court) system. I will report on that in a later post. Previously I'd like to summarize the outline of intellectual property rights matters on the EU agenda that a European Commission official gave at the conference.

Before I get into details of Dr. Jens Gaster's comments, I have to mention that he pointed out at the beginning of his speech that he was not acting as a spokesman of the institution that employs him (the European Commission) but instead in a personal capacity as a lecturer. It was an academic conference and Dr. Gaster continues to pursue an academic career in addition to his work for the Commission.


There is more here about the FFII's presentation (titled "What's wrong with the UPLS?").

The FFII criticizes that an incredibly powerful, international patent and patent court system would then be able to take controversial decisions while there wouldn't be a single powerful and democratically elected legislator that could correct undesirable developments through new and better laws.

The FFII doesn't mean that the judges themselves should be under democratic control (judges should always be as independent from political bodies as possible) but that there should be a lawmaking body that can pass new legislation related to all aspects of patent law. Even the European Parliament wouldn't be able to do so. It has to share legislative powers in the EU with the national governments of the Member States, and the geographic scope of the UPLS would go beyond the borders of the EU itself.

Critics of the UPLS also have structural concerns, such as over what would happen if such a relatively autonomous court system exclusively specialized on patents and detached from the general judicial framework had to rule on a case in which a party claims fundamental rights under its country's constitution.

[...]

For the event that the European Court of Justices "gives some green light" for the reform initiative, Benjamin Henrion predicts "huge lobbying."


JM Cerqueira Esteves says that "According to PT's INPI, the Norwegian Ind Prop Office is having today & tomorrow a debate on software patents (Except that our INPI uses, of course, the "computer-implemented yada yada" newspeak we're well acquainted with)." Here is the English version of the page.

The primary role of The Norwegian Industrial Property Office (NIPO) is to support Norwegian industry and promote economic growth. Raising awareness and increasing understanding of industrial property rights is an essential element in enabling companies to secure their investments and develop a competitive edge in the global market.


Florian says that the "EC [is] likely to put EU-wide patent plans on hold due to lack of support from Spain" and he points to this new article. FFII's president (Benjamin Henrion) adds or quotes: "No country will allow their companies to be discriminated in profit of Central-EU, US and JP big multinationals."

"The article does not seem to be available online anymore," he told us.

This article says that European commissioner Michel Barnier (he is the "man whose job is to pass anti-Free(dom) software laws," as we put it back in December) regretfully needs "to put EU-wide patent plans on hold" and that he is "frustrated at lack of help from Spain". To quote some more portions: "The creation of the patent has been an economic priority for the EU for ten years, and is a major goal of the Europe 2020 economic growth strategy."

“It is innovation that distinguishes the leading countries from all others.”
      --Miguel Sebastián, Spain's industry minister
That's nonsense. See the presentation from the FFII for gory details about UPLS.

The article says: "Barnier had planned to present the relevant draft legislation on 18 May, in time for a political agreement by industry ministers at a meeting on 25-26 May, the last they will have under the Spanish presidency. But officials said that Barnier was becoming frustrated with Spain's unwillingness to negotiate on the dossier or to prioritise work on it in the Council."

Well, Spain should be congratulated. It is doing the right thing here. As we already know: "Sweden brokered a deal on the specifications for an EU-wide patent during its presidency of the Council of Ministers in the second half of 2009." We wrote about this at the time.

Lastly, Spain's industry minister Miguel Sebastián is quoted as saying, “It is innovation that distinguishes the leading countries from all others.” As everyone ought to know, patents and innovation are not the same thing and what Barnier is proposing opens the door to software patents in Europe.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024